Background

Section 119.032 of the Ohio Revised Code requires a review of all state agency rules within a five-year period. The purpose of this review is to determine whether a rule should be continued without amendment, be amended or be rescinded, taking into consideration the rule's purpose and scope. In addition, the intent of the review is to ensure that rules are clear and concise as written, that program requirements are accurate and up-to-date, that unnecessary paperwork is eliminated, and that, when possible, local agencies are given more flexibility.

In February 2009, we offered Ohioans a new option for receiving their cash assistance benefits. The new option was the Ohio EPPICard™, a prepaid MasterCard® debit card that can be used at automatic teller machines (ATMs), MasterCard® member retail establishments and pharmacies. Beginning in August 2009, at application and reapplication, cash assistance groups were required to select either the Ohio EPPICard™ or direct deposit as the option of benefit delivery as paper warrants were being phased out.

To assist the county agencies, the Ohio Department of Job and Family Services (ODJFS) ran an ad hoc report in December 2009, to generate a list of the cash assistance cases that are still receiving paper warrants. Another ad hoc report was generated in February 2010, to identify any remaining cases not yet converted.

Throughout the rules, we are changing all references to "county department of job and family services (CDJFS)" to "county agency" to be consistent with the term used in the food assistance rules.

This letter transmits changes with the effective date of May 1, 2010. This cover letter includes a summary statement of the policy changes. If there are any changes made to any of the rules during the JCARR review period, corrected rules will be sent out in a future CAMTL. This cover letter includes a summary statement of policy changes. Each statement references the clearance control number (CCN) assigned when the policy change was placed into the clearance process.

CHAPTER 1000

Rule 5101:1-2-55 "Ohio Works First (OWF)/Disability Financial Assistance (DFA) and/ Refugee Cash Assistance (RCA): delayed cash assistance payments and replacement warrants" (CCN 6677)

This rule is being rescinded because it is now mandatory for cash assistance benefits to be issued either on the Ohio EPPICard™ or through direct deposit. Language regarding potential reissuance of a paper warrant has been added to rule 5101:1-2-70.

Rule 5101:1-2-70 "Issuance of Cash Assistance Benefits" (CCN 6677)

This rule is being rescinded and replaced as more than 50 percent of the rule has been stricken.

This rule now incorporates policy on the two methods of benefit issuance delivery: the Ohio EPPICard™ or direct deposit. Because the issuance of paper warrants has been phased out, references to the mandatory period have been removed. We have included all applicable policy for both benefit delivery methods within this rule rather than maintaining two separate rules.

While these are the two methods of delivery, there may be rare circumstances in which a paper warrant may be issued, such as when there is a problem with the benefit records being transferred to the vendor for the issuance of benefits. In the event that a paper warrant is issued but the benefit is lost, stolen, not received, destroyed or voided, the assistance group must still complete a handwriting sample and affidavit. In order to have the warrant replaced, the county agency must initiate a stop payment on the warrant and contact the TANF-FSTA unit with the request for a replacement warrant. The CRIS-E Help Desk will override the cash benefit issuance method on the AEFPY screen, from "E" to "M," in order for a replacement warrant to be issued. Once the replacement warrant has been issued, the CRIS-E Help Desk will return the "M" benefit issuance method on AEFPY back to an "E" so the next recurring benefit will be issued appropriately.

In addition, when an assistance group chooses to receive benefits on the Ohio EPPICard™, the assistance group must "pin" (activate) the card. If the assistance group does not pin the card, benefits will continue to be added monthly as long as the case remains open. For OWF recipients, these benefits may be considered months of time-limited benefits. Control D report RPT003RA provides a listing of cards that have been unpinned after 30 days. County agencies should review these reports and make contact with assistance groups after 60 days to determine if they remain eligible to receive benefits. We are working on a process to reverse the benefits after 90 days for cards that have not yet been pinned.

Rule 5101:1-2-80 "Direct deposit-electronic funds transfer of cash assistance payments" (CCN 6677)

Section 329.03 of the Ohio Revised Code was amended with the passage of Amended Substitute House Bill 1 (the biennium budget) to remove language that was no longer applicable regarding the requirement for county agencies to secure resolutions to adopt direct deposit. Direct deposit is now available statewide, and this section of the Revised Code reflects that. With this change, we opted to rescind this rule and add language regarding direct deposit to rule 5101:1-2-70.

CHAPTER 2000

Rule 5101:1-3-10 "Ohio works first: child support requirement" (CCN 6677)

Language revisions have been made throughout the rule to remove duplicative language, to reduce the number of acronyms and to remove references to "warrants." No substantive policy changes were made.

Citations to rules 5101:1-29-31 have been changed to 5101:12-80-14 and 5101:12-80-14.1, as rule 5101:1-29-31 was rescinded and replaced with these new rule numbers.

Rule 5101:1-3-12 "Ohio works first: work activities" (CCN 6703)

Revisions have been made to include the policy that wage information reported on the interim report pursuant to rule 5101:1-2-20 of the Administrative Code be used to project the hours of work participation for six months.

We also added language to clarify that in order to meet the federal work participation rate, at least one of the parents in a two-parent assistance group must participate in sufficient hours to meet the all-family rate.

Rule 5101:1-3-12.6 "Community service" (CCN 6703)

We have rescinded the former version of this rule and created a new rule written in plain language for better readability.

As with the work experience program, either the county agency or a private or government entity must pay premiums to the Bureau of Workers' Compensation on behalf of work-eligible individuals placed in community service activities. We have added this requirement to the rule.

Rule 5101:1-3-14 "Ohio Works First: Penalties" (CCN 6703)

Food Assistance rule 5101:4-1-13 was recently amended to clarify the procedures that the county agency must take when it has information that an individual may be a fugitive fleeing felon. The county agency must be in contact with the appropriate law enforcement agency and give it 30 days to determine whether the individual is fleeing and whether to arrest or extradite the individual. If, at the end of the 30 days the law enforcement agency has not been able to arrest or extradite the individual, the county agency must take action to impose ineligibility for as long as the law enforcement agency continues to take action to arrest or extradite the individual. We have amended our rule to align with the Food Assistance rule.

Rule 5101:1-23-40 "Ohio Works First: payments" (CCN 6677)

This rule is being rescinded and replaced as more than 50 percent of the rule has been stricken.

We have removed the procedures for determining the concurrent receipt of DFA and OWF and the calculation of pro-rated benefits for the OWF program. Rather than setting forth procedures in the rules, we will issue desk aids that will be available online.

Language has been added to this rule reinforcing the fact that time limits may be applicable for any prorated or retroactive OWF benefit. Assistance groups have the option to refuse a partial or retroactive month's benefit.

CHAPTER 3000

Rule 5101:1-5-10 "Disability financial assistance: nonfinancial requirements" (CCN 6677)

This rule is being rescinded and replaced as more than 50 percent of the rule has been stricken.

Consistent with other cash assistance rules and in keeping with our goal to write rules in plain language, we have rewritten this rule in a question-and-answer format. We have removed duplicative language, reduced the number of acronyms and removed references to "warrants."

We have removed the policy that allowed an individual residing in a mental health institution, with an anticipated date of release, to be potentially eligible for DFA. In order to qualify for DFA, all applicants must be determined disabled through the ODJFS Disability Determination Unit; therefore, this policy is no longer applicable.

Rule 5101:1-5-50 "Disability financial assistance: payments" (CCN 6677)

This rule has been rescinded and rewritten in order to put it into plain language and to enhance the flow of the rule. Formatting changes were made, duplicative language removed, the number of acronyms reduced, and references to "warrants" removed.

We also removed reference to the calculation of concurrent benefits and pro-rated benefits and will issue these procedures as desk aids that will be posted online. No substantive policy changes were made.

FORMS

We are removing the following forms from the appendix to the Cash Assistance Manual as they are not generated by ODJFS. We also are removing the JFS 02132 as the Ohio Auditor of State form AUD 8123 should be used instead. In the rare circumstance when an assistance group is issued a warrant that is not received or is lost, stolen or destroyed, it would be appropriate to complete the forms to ensure that the initial benefit is not redeemed. Although these forms will no longer be included in the Cash Assistance Manual, they can be found on the Ohio Auditor of State Web site at http://www.auditor.state.oh.us/.

JFS 02132 "Affidavit in Support of Application for Replacement Warrant"

AUD 8123 "Affidavit"

AUD 8184 "Application for Replacement Warrant"

AUD 7202 "Auditor of State Welfare Audits and Investigation"

DESK AID

A new desk aid, "Determination of Benefits for Concurrent Assistance and Proration for Ohio Works First (OWF) and Disability Financial Assistance (DFA)" (5/2010), has been developed. This desk aid defines procedures to calculate a prorated benefit for OWF and DFA. These procedures were previously defined in rules 5101:1-23-40 and 5101:1-5-50.

INSTRUCTIONS